Chapter 5.15
LICENSING OF PRIVATE SECURITY AGENCIES AND PREMISES SECURITY
Sections:
5.15.030 License applications and issuance.
5.15.050 Operating as a private security agency/premises security.
5.15.060 Additional requirements.
5.15.090 Issuance of rules and regulations.
5.15.100 Compliance with Oregon law.
5.15.010 Definitions.
As used in this chapter, unless the context requires otherwise:
A. “Private security agency” means an individual, corporation, association, firm or partnership engaged in the business of watching, guarding or protecting premises, property or persons, and which employs one or more security officers.
B. “Unarmed private security officer” means an individual engaged in the occupation of watching, guarding, protecting premises, property or persons, who does not carry or have firearms in their possession while so employed.
C. “Armed private security officer” means an individual engaged in the occupation of watching, guarding or protecting premises, property or persons whether they are self-employed, employed by a private security agency, or employed with a business for the purpose of premises security, which carries or has firearms in their possession while so employed.
D. “Premises security” means an individual, corporation, association, firm, or partnership employing individuals to watch, guard, or protect its own premises, property or persons thereon who are solely dedicated to protecting the property or assets of the employer and who are not affiliated with a private security agency.
E. “Licensee” means a private security agency, premises security, unarmed/armed private security officer who holds a license issued under this chapter in addition to licensing from the Department of Public Safety Standards and Training. [Ord. 544 § 1, 2021].
5.15.020 License required.
It shall be unlawful for any person to own or operate or engage in business as a private security agency, premises security or armed/unarmed private security officer in the city limits of Creswell without first having met licensing and requirements required by the private security section of the Department of Public Safety Standards and Training. [Ord. 544 § 2, 2021].
5.15.030 License applications and issuance.
Every individual, corporation, association, firm, or partnership desiring to obtain a license for the operation of a private security agency or on-premises security shall file written application with the city recorder of the city of Creswell. Only one application is required for any number of employees who will be operating under certification through the city of Creswell.
A. The city recorder shall issue the license unless one of the following facts exists:
1. Not all of the statements made in the application are true.
2. Not all of the requirements of this chapter are met.
3. The agency has not provided all necessary documentation pertaining to each individual employed as an armed/unarmed security officer showing compliance with Department of Public Safety Standards and Training requirements at the time application is submitted. This can be accomplished with providing certifications issued to the agency and its armed/unarmed private security officers by the Department of Public Safety Standards and Training. [Ord. 544 § 3, 2021].
5.15.040 License revocation.
A. The license may be revoked by the city of Creswell upon any of the following events:
1. Failure of a licensee to comply with any requirements of this chapter.
2. The learning of facts sufficient to have warranted the refusal to grant the license initially under this chapter.
3. Violation of any state or local laws.
B. The city recorder shall notify the licensee of the facts before revocation and the licensee shall have the right to a hearing before the city recorder before the license is revoked. [Ord. 544 § 4, 2021].
5.15.050 Operating as a private security agency/premises security.
A. No agency licensee shall operate as a private security agency, premises security or armed/unarmed private security officer without meeting the following circumstances:
1. Meeting all requirements for certification and possessing certifications from the Department of Public Safety Standards and Training to operate as a private security agency, premises security, armed/unarmed private security officer.
2. Otherwise engaged in the occupation of watching, guarding, or protecting premises, property or persons, whether they are self-employed, employed by a private security agency, or employed with a business for the purpose of premises security who is armed or unarmed while so employed.
3. Not certified in accordance with an established guideline and policy as prescribed by this chapter.
B. An agency licensee shall be required to provide names of all individual employees who are operating under their employer’s license within the city of Creswell. In addition, the employer must provide information of any changes of employees who will be operating under this certification for said employer within two weeks of any change. [Ord. 544 § 5, 2021].
5.15.060 Additional requirements.
A. Identification Cards. All licensees shall maintain in their possession the identification cards and certificates issued by the Department of Public Safety Standards and Training at all times while engaged in the occupation of watching, guarding or protecting premises, property or persons whether they are self-employed, employed by a private security agency, or employed with a business for the purpose of premises security who is armed or unarmed while operating within the city of Creswell.
B. Failure to Exhibit ID Card. Failing to exhibit an identification card to any police officer of the state of Oregon, when requested to do so, will be grounds for suspension of the agency license issued by the city of Creswell.
C. Failure to Have ID Card in Possession. In addition to any other penalty provided in this chapter, the employee who refuses to exhibit such identification card or who does not have it in their possession may be cited by a police officer enforcing this chapter.
D. Prohibition from Carrying Weapon. Private security officer operating within the city limits of Creswell shall not carry any weapon unless authorized and certified though the private security section of the Department of Public Safety Standards and Training while performing their duties as a security officer. [Ord. 544 § 6, 2021].
5.15.070 Uniforms – Badges.
It shall be unlawful for any private security agency, premises security or employee of such agency, armed/unarmed private security officer, guard or watchman or other licensee regulated by this chapter to wear a uniform, cap, shoulder patch, badge or buttons similar in color or style to or in imitation of the official uniform, cap, shoulder patch, badge or buttons at the time in use by the Creswell law enforcement, Oregon State Police or Lane County sheriff’s department. All uniforms will be distinctly different in color and use of blue or black uniforms is prohibited. All patches, badges or insignia that have the word “police” used in any manner are prohibited. [Ord. 544 § 7, 2021].
5.15.080 Vehicles.
A. It shall be unlawful for any private security agency, premises security or employee of such agency, armed/unarmed private security officer, guard or watchman or other licensee regulated by this chapter and not a member of the Creswell law enforcement, Oregon State Police, Lane County sheriff’s department, or other city police department to operate vehicles similar in color and description as marked patrol units of the Creswell police department. In addition, no vehicle shall display red or blue warning lights anywhere upon a private security vehicle in such a manner to be similar to any marked or unmarked police vehicle.
B. All security vehicles will be plainly marked with the insignia “security” or “private security” or similar in nature. No security vehicle is authorized to operate within the city of Creswell and have displayed in any location upon the vehicle the word “police.” [Ord. 544 § 8, 2021].
5.15.090 Issuance of rules and regulations.
The city council may issue and promulgate, from time to time, rules and regulations to provide for the health, safety, and peace of the city in relation to the private security business. Such rules may pertain by way of example to the duties of licensees, manner of conduct of private security businesses and reports to be furnished to the city recorder, chief of police, or to those by whom individual licensees are employed. [Ord. 544 § 9, 2021].
5.15.100 Compliance with Oregon law.
All licensees and armed/unarmed private security officers shall comply with Oregon law and requirements set by the Department of Public Safety Standards and Training. [Ord. 544 § 10, 2021].
5.15.110 Fees.
The fee for the license shall be determined by the council and set forth in a resolution and shall be charged on a calendar-year basis. [Ord. 544 § 11, 2021].
5.15.120 Penalties.
Any individual, firm, corporation, association or partnership carrying on the functions of a private security agency, premises security agency or an armed/unarmed private security officer without having a proper license or registration as required by this chapter, who has been found guilty in the municipal court for such violation, shall, upon conviction thereof, be fined an amount set by the municipal court for each offense and not to exceed $500.00. Each and every day of engaging in the trade or occupation in violation of this chapter shall be considered as a separate and distinct offense. [Ord. 544 § 12, 2021].